Ganesan vs The New India Assurance Co Ltd
2022 Latest Caselaw 1936 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                  THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

          FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943

                             MACA NO. 1306 OF 2017

  AGAINST THE JUDGMENT IN OPMV 510/2016 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,

                                      KOZHIKODE

APPELLANTS:

     1        GANESAN
              AGED 51 YEARS
              S/O.(LATE) SUKUMARAN, AGED 51 YEARS.
     2        DASAN
              AGED 47 YEARS
              S/O.(LATE) SUKUMARAN, AGED 47 YEARS.
     3        GIREESH
              AGED 44 YEARS
              S/O.(LATE) SUKUMARAN, AGED 44 YEARS.
     4        SATHEESAN
              AGED 51 YEARS
              S/O.(LATE) SUKUMARAN, AGED 41 YEARS.
     5        RAMESAN
              AGED 38 YEARS
              S/O.(LATE) SUKUMARAN, AGED 38 YEARS.
     6        DINESAN
              AGED 37 YEARS
              S/O.(LATE) SUKUMARAN, AGED 37 YEARS,ALL RESIDING AT DEVI NIVAS,
              KARINKALLAYI, THEVANGATTU PARAMBU, MANNUR P.O., KOZHIKODE.
              BY ADV SMT.K.V.RESHMI


RESPONDENT:

              THE NEW INDIA ASSURANCE CO LTD.
              FEROKE BRANCH, 1ST FLOOR, POOTHERI BUILDING, RAILWAY STATION
              ROAD, FEROKE, KOZHIKODE, REPRESENTED BY ITS MANAGER.


              BY ADV P.JACOB MATHEW



     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON

18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 MACA No.1306/2017                        2

                                K.VINOD CHANDRAN, J

      ----------------------------------------------------
                      M.A.C.A No.1306 of 2017
     -----------------------------------------------------
                  Dated this the 18th February, 2022

                                     JUDGMENT

The applicants are the wife and children of the

deceased 75 year old man. The predecessor of the appellants

died in a motor vehicle accident and the claim in the

appeal is only on enhancement. The wife of the applicant

also died subsequently.

2. Considering the claim for enhancement, this Court

finds reasonable compensation having awarded in all heads

and more than the stipulated amounts granted on funeral

expenses and loss of estate. There is a claim for loss of

consortium which has to be set off in the loss of love and

affection granted @ Rs.1,50,000/-. There are six children

for the deceased person, who claimed loss of consortium. In

such circumstances, this Court is of the opinion that

consortium @ Rs.40,000/- can be granted for children which

would come to Rs.2,40,000/-. Reducing the compensation

granted under the head of love and affection what remains

is Rs.90,000/-. There has to be reduction of Rs.10,000/-

each from funeral expenses and loss of estate. The

resultant enhancement is Rs.70,000/-. Since there was a

delay of 113 days in filing the appeal, the interest would

not run for the said period.

3. The Insurance Company shall pay interest for the

amounts awarded by the Tribunal at the rate directed in the

impugned award and for the enhanced amounts at the rate of

5% from the date of petition. If any amounts have already

been paid, the same shall be granted set off. The claimant

shall produce the details of the Bank account before the

Insurance Company/Tribunal within one month from the date

of receipt of a certified copy of this judgment and amount

shall be transferred to the Bank account directly through

NEFT/RTGS mode, within a period of one month thereafter. If

the Bank account is not given within the time stipulated,

it is made clear that no interest shall run on the enhanced

amount after the period stipulated by this Court. However,

if the Insurance Company fails to deposit the amount, as

directed, interest on the enhanced amount shall also run at

the rate ordered by the Tribunal from the date of petition.

The appeal is allowed to the above extent.

Sd/-

K.VINOD CHANDRAN, JUDGE

Lgk